SUNITA Vs. AJAY SINGH YADAV

JUDGEMENT

(1.) THE present appeal is filed against the Award dated 24.04.2007 seeking enhancement of compensation awarded by the Tribunal. The appellants are the widow and daughter of the deceased Shri Rajiv. He was stated to be working as a helper with M/s Capital Transport Company at Kamla Market at a salary of Rs.3,300/ - per month. It is stated that a vehicle was taken on contract and when the vehicle reached Rohtak Road, the driver applied sudden brake. It is alleged that the left side door of the vehicle suddenly opened due to the rash and high speed driving of the driver and the deceased fell down on the road. Due to the impact on hitting the road, he died on the spot. It is said that the deceased was travelling in the offending vehicle sitting on the left side and because the lock of the left door was defective, he fell from the vehicle after the sudden halting.

(2.) THE present appellants have filed the present petition before the Ld. MACT under Section 163A of the Motor Vehicles Act. Based on the pleadings, the Tribunal framed the following issues: -

(3.) ON issue No.2 the Tribunal noted that the claimants are comprised of the wife and minor daughter of the deceased. The mother was impleaded as a respondent. Based on evidence on record it was concluded that the deceased was working for M/s Capital Transport Company at Kamla Market. The minimum wages was taken as Rs.3,000/ - per month and multiplier of 17 was applied. 1/3rd of the income was deducted as expenditure of self. Based on the same, the total loss of dependency was calculated at Rs.4,10,000/ - (Rupees four lac and ten thousand only).